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House Study Bill 608 - IntroducedA Bill ForAn Act 1prohibiting the mistreatment of animals other than
2livestock and wild animals, providing for the rescue of
3animals by local law enforcement agencies, providing for
4criminal offenses and court orders, and including penalties.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 717B.1, Code 2018, is amended by adding
2the following new subsections:
3 NEW SUBSECTION. 2A. “Animal control officer” means a person
4employed, contracted, or appointed by a local authority to
5assist in the enforcement of chapter 162, this chapter, or any
6other law or ordinance relating to the licensing of animals,
7control of animals, or the seizure and impoundment of animals.
8 NEW SUBSECTION. 3A. a. “Convicted” means found guilty of,
9pleads guilty to, or is sentenced or adjudicated delinquent
10for an act which is an indictable offense in this state or in
11another state, including but not limited to a juvenile who has
12been adjudicated delinquent, whether or not the juvenile court
13records have been sealed under section 232.150, and a person
14who has received a deferred sentence or a deferred judgment or
15has been acquitted by reason of insanity.
16b. “Convicted” includes the conviction of a juvenile
17prosecuted as an adult. “Convicted” also includes a conviction
18for an attempt or conspiracy to commit an offense.
19c. “Convicted” does not mean a plea, sentence, adjudication,
20deferred sentence, or deferred judgment which has been reversed
21or otherwise set aside.
22 NEW SUBSECTION. 4A. “Injury” means an impairment to an
23animal’s health or functions, including physical damage or harm
24to an animal’s muscle, tissue, organs, bones, hide, or skin,
25that causes the animal to suffer pain.
26 NEW SUBSECTION. 8A. “Serious injury” means an injury that
27creates a substantial risk of death or that causes protracted
28disfigurement, protracted impairment of health, or protracted
29loss or impairment of the function of a limb or organ.
30 Sec. 2. Section 717B.1, subsection 9, Code 2018, is amended
31to read as follows:
329. “Threatened animal” means an animal that is abused as
33provided suffers mistreatment due to animal abuse as described
34 in section 717B.2, neglected animal neglect as provided
35 described in section 717B.3, or tortured animal torture as
-1-1provided described in section 717B.3A, animal abandonment
2as described in section 717B.3B, or animal endangerment as
3described in section 717B.3C.
4 Sec. 3. Section 717B.2, Code 2018, is amended to read as
5follows:
6717B.2 Animal abuse — penalties.
71. A person is guilty of animal abuse if the person
8intentionally injures, maims, disfigures, or destroys an animal
9owned by another person, in any manner, including intentionally
10poisoning the animal commits animal abuse when the person
11knowingly or recklessly causes injury, serious injury, or death
12to an animal by force, violence, or poisoning. A person guilty
13of animal abuse is guilty of an aggravated misdemeanor.
142. This section shall not apply to conduct engaged in by any
15of the following:
161. A person acting with the consent of the person owning
17the animal, unless the action constitutes animal neglect as
18provided in section 717B.3.
192. a. A person acting to carry out an order issued by a
20court.
213. b. A licensed veterinarian practicing veterinary
22medicine as provided in chapter 169.
234. c. A person acting in order to carry out another
24provision of law which allows the conduct.
255. d. A person taking, hunting, trapping, or fishing for a
26wild animal as provided in chapter 481A.
276. e. A person acting to protect the person’s property from
28a wild animal as defined in section 481A.1.
297. f. A person acting to protect a person from injury or
30death caused by a wild animal as defined in section 481A.1.
318. g. A person reasonably acting reasonably to protect the
32person’s property from damage caused by an unconfined animal.
339. h. A person reasonably acting reasonably to protect a
34person from injury or death caused by an unconfined animal.
3510. i. A local authority reasonably acting reasonably to
-2-1destroy an animal, if at the time of the destruction, the owner
2of the animal is absent or unable to care for the animal, and
3the animal is permanently distressed by disease or injury to a
4degree that would result in severe and prolonged suffering.
511. j. A research facility, as defined in section 162.2,
6provided that the research facility performs functions within
7the scope of accepted practices and disciplines associated with
8the research facility.
93. A person who commits animal abuse that does not cause
10serious injury or death to an animal is guilty of a serious
11misdemeanor.
124. A person who commits animal abuse that causes serious
13injury or death to an animal is guilty of an aggravated
14misdemeanor.
155. Notwithstanding subsection 4, a person who commits
16animal abuse that causes serious injury or death to an animal
17is guilty of a class “D” felony if the person has previously
18been convicted of committing animal abuse pursuant to this
19section, animal neglect pursuant to section 717B.3, animal
20torture pursuant to section 717B.3A, animal abandonment
21pursuant to section 717B.3B, animal endangerment pursuant
22to section 717B.3C, injury to or interference with a police
23service dog pursuant to section 717B.9, bestiality pursuant to
24section 717C.1, or an act involving a contest event prohibited
25in section 717D.2.
26 Sec. 4. Section 717B.3, Code 2018, is amended to read as
27follows:
28717B.3 Animal neglect — penalties.
291. A person who impounds or commits animal neglect when
30the person owns or has custody of an animal, confines, in any
31place, an that animal, is guilty of animal neglect if the
32person does any of the following:
33a. Fails and fails to supply the animal during confinement
34with a sufficient quantity of food or water. reasonably provide
35the animal with any of the following:
-3- 1a. Access to food in an amount and quality sufficient to
2satisfy the animal’s basic nutrition level.
3b. Fails to provide a confined dog or cat with adequate
4shelter. Access to a supply of potable water in an amount
5sufficient to satisfy the animal’s basic hydration level.
6Access to snow or ice does not satisfy this requirement.
7c. Tortures, deprives of necessary sustenance, mutilates,
8beats, or kills an animal by any means which causes unjustified
9pain, distress, or suffering. Sanitary conditions free from
10excessive animal waste or the overcrowding of animals.
11d. Ventilated shelter sufficient to provide adequate
12protection from the elements and weather conditions suitable
13for the age, species, and physical condition of the animal
14so as to maintain the animal in a state of good health. The
15shelter must protect the animal from wind, rain, snow, or sun
16and have adequate bedding to provide protection against cold
17and dampness. A shelter may include a residence, garage, barn,
18shed, or doghouse.
19e. Grooming, to the extent reasonably necessary to prevent
20adverse health effects or suffering.
21f. Veterinary care deemed necessary by a reasonably
22prudent person to relieve an animal’s distress from any of the
23following:
24(1) A condition caused by failing to provide for the
25animal’s welfare as described in paragraphs “a” through “f”.
26(2) An injury or illness suffered by the animal causing the
27animal to suffer prolonged pain and suffering.
282. This section does not apply to a research facility, as
29defined in section 162.2, provided that the research facility
30performs functions within the scope of accepted practices and
31disciplines associated with the research facility.
323. A person who negligently or intentionally commits the
33offense of animal neglect that does not cause injury or death
34to an animal is guilty of a simple misdemeanor. A person who
35intentionally commits the offense of animal neglect which
-4-1results in serious injury to or the death of an animal is
2guilty of a serious misdemeanor.
34. A person who commits animal neglect that causes injury
4other than serious injury or death to an animal is guilty of a
5serious misdemeanor.
65. A person who commits animal neglect which causes serious
7injury or death to an animal is guilty of an aggravated
8misdemeanor.
96. Notwithstanding subsection 5, a person who commits
10animal neglect which causes serious injury or death to an
11animal is guilty of a class “D” felony if the person has been
12previously convicted of animal abuse pursuant to section
13717B.2, animal neglect pursuant to this section, animal torture
14pursuant to section 717B.3A, animal abandonment pursuant to
15section 717B.3B, animal endangerment pursuant to section
16717B.3C, injury to or interference with a police service dog
17pursuant to section 717B.9, bestiality pursuant to section
18717C.1, or an act involving a contest event prohibited in
19section 717D.2.
20 Sec. 5. Section 717B.3A, Code 2018, is amended to read as
21follows:
22717B.3A Animal torture — penalties.
231. A person is guilty of animal torture, regardless of
24whether the person is the owner of the animal, if when the
25person inflicts upon the animal severe and prolonged or
26repeated physical pain with a depraved or sadistic intent to
27cause that results in the animal’s prolonged suffering and
28serious injury or death.
292. This section shall not apply to conduct engaged in by any
30of the following:
31a. A person acting to carry out an order issued by a court.
32b. A licensed veterinarian practicing veterinary medicine as
33provided in chapter 169.
34c. A person carrying out a practice that is consistent with
35animal husbandry practices.
-5- 1d. A person acting in order to carry out another provision
2of law which allows the conduct.
3e. A person taking, hunting, trapping, or fishing for a wild
4animal as provided in chapter 481A.
5f. A person acting to protect the person’s property from a
6wild animal as defined in section 481A.1.
7g. A person acting to protect a person from injury or death
8caused by a wild animal as defined in section 481A.1.
9h. A person reasonably acting reasonably to protect the
10person’s property from damage caused by an unconfined animal.
11i. A person reasonably acting reasonably to protect a person
12from injury or death caused by an unconfined animal.
13j. A local authority reasonably acting reasonably to destroy
14an animal, if at the time of the destruction, the owner of the
15animal is absent or unable to care for the animal, and the
16animal is permanently distressed by disease or injury to a
17degree that would result in severe and prolonged suffering.
18k. A research facility, as defined in section 162.2,
19provided that the research facility performs functions within
20the scope of accepted practices and disciplines associated with
21the research facility.
223. a. The following shall apply to a person who commits
23animal torture:
24(1) For the first conviction, the person is guilty of an
25aggravated misdemeanor. The sentencing order shall provide
26that the person submit to psychological evaluation and
27treatment according to terms required by the court. The costs
28of the evaluation and treatment shall be paid by the person.
29In addition, the sentencing order shall provide that the person
30complete a community work requirement, which may include a work
31requirement performed at an animal shelter or pound, as defined
32in section 162.2, according to terms required by the court.
33(2) For a second or subsequent conviction, the person is
34guilty of a class “D” felony. The sentencing order shall
35provide that the person submit to psychological evaluation and
-6-1treatment according to terms required by the court. The costs
2of the psychological evaluation and treatment shall be paid by
3the person.
4b. The juvenile court shall have exclusive original
5jurisdiction in a proceeding concerning a child who is alleged
6to have committed animal torture, in the manner provided in
7section 232.8. The juvenile court shall not waive jurisdiction
8in a proceeding concerning an offense alleged to have been
9committed by a child under the age of seventeen.
104. A person who commits animal torture is guilty of a class
11“D” felony.
125. Notwithstanding subsection 4, a person who commits
13animal torture is guilty of a class “C” felony if the person
14has previously been convicted of committing animal abuse
15pursuant to section 717B.2, animal neglect pursuant to section
16717B.3, animal torture pursuant to this section, animal
17abandonment pursuant to section 717B.3B, animal endangerment
18pursuant to section 717B.3C, injury to or interference with
19a police service dog pursuant to section 717B.9, bestiality
20pursuant to section 717C.1, or an act involving a contest event
21prohibited in section 717D.2.
22 Sec. 6. NEW SECTION. 717B.3B Animal abandonment —
23penalties.
241. A person commits animal abandonment by knowingly or
25recklessly relinquishing custody of an animal at a location in
26which the person does not hold a legal or equitable interest if
27the person does not do any of the following:
28a. Legally transfer the animal to another person.
29b. Make reasonable arrangements for the transfer of custody
30of the animal to a person who agrees to assume custody of the
31animal.
32c. Make other reasonable arrangements for the care of the
33animal in a manner that would not constitute animal neglect
34under section 717B.3.
352. A person who commits animal abandonment that does not
-7-1cause injury or death to an animal is guilty of a simple
2misdemeanor.
33. A person who commits animal abandonment that causes
4injury other than serious injury or death to an animal is
5guilty of a serious misdemeanor.
64. A person who commits animal abandonment that causes
7serious injury or death to an animal is guilty of an aggravated
8misdemeanor.
95. Notwithstanding subsection 4, a person who commits
10animal abandonment that causes serious injury or death to
11an animal is guilty of a class “D” felony if the person has
12previously been convicted of committing animal abandonment
13pursuant to this section, animal abuse pursuant to section
14717B.2, animal neglect pursuant to section 717B.3, animal
15torture pursuant to section 717B.3A, animal endangerment
16pursuant to section 717B.3C, injury to or interference with
17a police service dog pursuant to section 717B.9, bestiality
18pursuant to section 717C.1, or an act involving a contest event
19prohibited in section 717D.2.
20 Sec. 7. NEW SECTION. 717B.3C Animal endangerment —
21penalties.
221. A person commits animal endangerment when the person
23confines an animal in a stationary motor vehicle in a manner
24that endangers the health or life of the animal by exposing the
25animal to a prolonged period of extreme interior temperature or
26a long period without adequate ventilation.
272. A person who commits animal endangerment that does
28not cause injury or death to an animal is guilty of a simple
29misdemeanor.
303. A person who commits animal endangerment that causes
31injury other than serious injury or death to an animal is
32guilty of a serious misdemeanor.
334. A person who commits animal endangerment that causes
34serious injury or death to an animal is guilty of an aggravated
35misdemeanor.
-8- 15. Notwithstanding subsection 4, a person who commits
2animal endangerment that causes serious injury to an animal
3is guilty of a class “D” felony if the person has previously
4been convicted of committing animal endangerment pursuant to
5this section, animal abuse pursuant to section 717B.2, animal
6neglect pursuant to section 717B.3, animal torture pursuant
7to section 717B.3A, animal abandonment pursuant to section
8717B.3B, injury to or interference with a police service dog
9pursuant to section 717B.9, bestiality pursuant to section
10717C.1, or an act involving a contest event prohibited in
11section 717D.2.
12 Sec. 8. NEW SECTION. 717B.3D Animal mistreatment — court
13order — evaluation and treatment.
141. At the time of a person’s conviction for a public
15offense committed under this chapter, a court may enter an
16order requiring the person to undergo a psychological or
17psychiatric evaluation and to undergo any treatment that the
18court determines to be appropriate after due consideration of
19the evaluation. However, the court shall enter such an order
20if the convicted person is any of the following:
21a. A juvenile.
22b. An adult committing animal abuse pursuant to section
23717B.2, animal neglect punishable as an aggravated misdemeanor
24or class “D” felony pursuant to section 717B.3, animal torture
25pursuant to section 717B.3A, animal abandonment pursuant to
26section 717B.3B, or animal endangerment pursuant to section
27717B.3C.
282. The costs of undergoing a psychological or psychiatric
29evaluation and undergoing any treatment ordered by the court
30shall be borne by the convicted person, unless the person is
31a juvenile.
323. An order made under this section is in addition to any
33other order or sentence of the court.
344. Any violation of the court order shall be punished as
35contempt of court pursuant to chapter 665.
-9-1 Sec. 9. NEW SECTION. 717B.3E Animal mistreatment —
2sentencing order — prohibitions.
31. At the time of a person’s sentencing for a public offense
4committed under this chapter, a court may prohibit the person
5from owning or obtaining custody of an animal or residing in
6the same dwelling where an animal is kept. The period of the
7prohibition shall be not less than three years.
82. Notwithstanding subsection 1, the court shall enter such
9an order if the convicted person has committed animal abuse
10punishable as an aggravated misdemeanor or class “D” felony
11pursuant to section 717B.2, animal neglect punishable as an
12aggravated misdemeanor or class “D” felony pursuant to section
13717B.3, animal torture pursuant to section 717B.3A, animal
14abandonment punishable as an aggravated misdemeanor or class
15“D” felony pursuant to section 717B.3B, or animal endangerment
16punishable as an aggravated misdemeanor or class “D” felony
17pursuant to section 717B.3C. The period of such prohibition
18shall be not less than ten years.
193. The duration of a prohibition described in this
20section commences on the date that the person is placed on
21probation, released on parole or work release, or released from
22incarceration or from placement in a juvenile facility.
234. An order made pursuant to this section is in addition to
24any other order or sentence of the court.
255. Any violation of the court order described in this
26section is a public offense and shall be punished as a simple
27misdemeanor.
28 Sec. 10. NEW SECTION. 717B.5A Rescue — motor vehicles.
291. A law enforcement officer or animal control officer may
30rescue an animal from a stationary motor vehicle, including
31through the use of forced entrance, if the law enforcement
32officer or animal control officer reasonably believes that the
33animal may be suffering distress due to exposure to extreme
34interior temperature or a lack of adequate ventilation. The
35law enforcement officer’s or animal control officer’s action
-10-1is justified regardless of whether the law enforcement officer
2or animal control officer observed indications of distress
3or whether the person could be charged with or convicted of
4committing a public offense.
52. The law enforcement officer or animal control officer
6shall provide written notice of the rescue to the animal’s
7responsible party. This requirement is satisfied by placing
8the notice in a conspicuous place located within the motor
9vehicle. The notice must state where the rescued animal may
10be claimed.
113. The local authority shall provide for the maintenance
12of the rescued animal as if it were a threatened animal under
13section 717B.5. However, a dispositional proceeding under
14section 717B.4 is not required if within ten days after the
15date of the animal’s rescue the responsible party claims the
16animal from the local authority. In order to claim the animal,
17the responsible party must reimburse the local authority for
18all reasonable costs that accrued from rescuing and maintaining
19the animal.
20 Sec. 11. IMPLEMENTATION OF ACT. Section 25B.2, subsection
213, shall not apply to this Act.
22 Sec. 12. REPEAL. Section 717B.8, Code 2018, is repealed.
23EXPLANATION
24The inclusion of this explanation does not constitute agreement with
25the explanation’s substance by the members of the general assembly.
26GENERAL. This bill amends Code chapter 717B prohibiting
27the mistreatment of certain animals, including dogs and cats,
28but excluding other animals such as livestock (Code chapter
29717); game, fur-bearing animals, fish, reptiles, or amphibians
30(Code chapter 481A), unless such animal is owned, confined,
31or controlled by a person; or a nongame animal declared to be
32a nuisance by the natural resource commission (Code section
33481A.42).
34The bill amends three different criminal offenses in Code
35chapter 717B, including animal abuse (Code section 717B.2),
-11-1animal neglect (Code section 717B.3), and animal torture (Code
2section 717B.3A). The bill creates two new criminal offenses
3including animal abandonment (new Code section 717B.3B) and
4animal endangerment (new Code section 717B.3C). Under the
5bill, each of the offenses includes an enhanced penalty that
6applies to a convicted person who has previously committed any
7of the named offenses; committed injury or interference with a
8police service dog (Code section 717B.9); committed bestiality
9(Code section 717C.1); or committed an offense involving an
10animal contest (Code section 717D.4).
11TYPES OF CRIMINAL OFFENSES — ABUSE. Animal abuse involves
12intentionally injuring an animal by violence or poisoning. The
13bill replaces the intent element with that of acting knowingly
14or recklessly. It also removes a provision that exempted
15a person who acted with the consent of the animal’s owner.
16The bill reduces the penalty from an aggravated to a serious
17misdemeanor for committing animal abuse that does not cause
18an animal serious injury or death and retains the penalty of
19aggravated misdemeanor for committing animal abuse that causes
20an animal serious injury or death. The bill provides that the
21aggravated misdemeanor may be enhanced to a class “D” felony
22if the person was previously convicted of one of the named
23offenses.
24TYPES OF CRIMINAL OFFENSES — NEGLECT. Animal neglect
25involves failing to provide an animal with adequate food,
26water, or shelter, or torturing the animal. The bill rewrites
27these requirements by requiring that an animal be furnished
28with adequate supplies of nutritional food, access to potable
29water, adequate sanitary conditions, ventilated shelter
30sufficient to provide the animal with protection from extreme
31weather conditions, and necessary veterinary care. The bill
32eliminates the torture prohibition. The bill retains the
33criminal penalty which is a simple misdemeanor. However, the
34penalty is increased to a serious misdemeanor if the animal
35suffers an injury and to an aggravated misdemeanor if the
-12-1animal suffers a serious injury or death. In a case where
2the animal suffers a serious injury or death, the aggravated
3misdemeanor may be enhanced to a class “D” felony if the person
4was previously convicted of one of the named offenses.
5TYPES OF CRIMINAL OFFENSES — TORTURE. Animal torture
6involves inflicting upon an animal severe physical pain with
7depraved or sadistic intent to cause prolonged suffering or
8death. The bill eliminates the element of intent and requires
9that the act involve prolonged or repeated physical pain that
10results in prolonged suffering and serious injury or death.
11The bill replaces the current penalties for animal torture. A
12person is no longer guilty of an aggravated misdemeanor for
13the first offense and a class “D” felony for a subsequent
14offense. Instead, a person is guilty of a class “D” felony,
15which is enhanced to a class “C” felony if the person was
16previously convicted of one of the named offenses. The bill
17also eliminates a requirement that a person convicted of animal
18torture must submit to psychological evaluation and treatment.
19TYPES OF CRIMINAL OFFENSES — ABANDONMENT. Animal
20abandonment involves knowingly or recklessly relinquishing
21custody of an animal at a location in which the person does
22not hold a legal or equitable interest. There are exceptions
23in cases of transferring ownership or custody or making
24arrangements for the care of the animal. The criminal penalty
25is a simple misdemeanor. However, the penalty is increased to
26a serious misdemeanor if the animal suffers an injury and to an
27aggravated misdemeanor if the animal suffers a serious injury
28or death. In a case where the animal suffers a serious injury
29or death, the aggravated misdemeanor may be enhanced to a class
30“D” felony if the person was previously convicted of one of the
31named offenses.
32TYPES OF CRIMINAL OFFENSES — ENDANGERMENT. Animal
33endangerment involves confining an animal in a stationary motor
34vehicle in a manner that exposes the animal to a prolonged
35period of extreme interior temperature or a long period
-13-1without adequate ventilation. The criminal penalty is a
2simple misdemeanor. However, the penalty is increased to a
3serious misdemeanor if the animal suffers an injury and to an
4aggravated misdemeanor if the animal suffers a serious injury
5or death. In a case where the animal suffers a serious injury
6or death, the aggravated misdemeanor may be enhanced to a class
7“D” felony if the person was previously convicted of one of the
8named offenses.
9APPLICABLE CRIMINAL PENALTIES. The criminal penalties are
10as follows: (1) simple misdemeanor, confinement for no more
11than 30 days or a fine of at least $65 but not more than $625 or
12by both; (2) serious misdemeanor, confinement for no more than
13one year and a fine of at least $315 but not more than $1,875;
14(3) aggravated misdemeanor, confinement for no more than two
15years and a fine of at least $625 but not more than $6,250; (4)
16class “D” felony, confinement for no more than five years and a
17fine of at least $750 but not more than $7,500; and (5) class
18“C” felony, confinement for no more than 10 years and a fine of
19at least $1,000 but not more than $10,000.
20COURT ORDERS. At the time of conviction for committing
21any of the offenses, a person may be subject to a court order
22requiring a psychological or psychiatric evaluation and
23treatment. The person may also be subject to a court order
24prohibiting the person from owning, possessing, or living with
25an animal. In each case, the court’s decision to issue an
26order is discretionary except under certain conditions. A
27court order requiring an evaluation and treatment is mandatory
28for juveniles. That order and the order prohibiting contact
29with animals is also mandatory if the offense is punishable as
30an aggravated misdemeanor or felony. For a discretionary court
31order, the period of prohibition is for not less than three
32years. For a mandatory court order, the period of prohibition
33is not less than 10 years.
34ANIMAL RESCUE — LOCAL LAW ENFORCEMENT OFFICERS — AND
35LOCAL ANIMAL CONTROL OFFICER. The bill provides that a law
-14-1enforcement officer (e.g., county sheriff or deputy sheriff)
2or an animal control officer is authorized to rescue an animal
3from a motor vehicle based upon a reasonable belief that the
4animal may be suffering distress. The officer or animal
5control officer must provide a written notice of the rescue.
6After the rescue, the animal must be maintained as a rescued
7animal by the local authority until it is claimed or disposed
8of pursuant to court order.
-15-da/rn
2livestock and wild animals, providing for the rescue of
3animals by local law enforcement agencies, providing for
4criminal offenses and court orders, and including penalties.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 717B.1, Code 2018, is amended by adding
2the following new subsections:
3 NEW SUBSECTION. 2A. “Animal control officer” means a person
4employed, contracted, or appointed by a local authority to
5assist in the enforcement of chapter 162, this chapter, or any
6other law or ordinance relating to the licensing of animals,
7control of animals, or the seizure and impoundment of animals.
8 NEW SUBSECTION. 3A. a. “Convicted” means found guilty of,
9pleads guilty to, or is sentenced or adjudicated delinquent
10for an act which is an indictable offense in this state or in
11another state, including but not limited to a juvenile who has
12been adjudicated delinquent, whether or not the juvenile court
13records have been sealed under section 232.150, and a person
14who has received a deferred sentence or a deferred judgment or
15has been acquitted by reason of insanity.
16b. “Convicted” includes the conviction of a juvenile
17prosecuted as an adult. “Convicted” also includes a conviction
18for an attempt or conspiracy to commit an offense.
19c. “Convicted” does not mean a plea, sentence, adjudication,
20deferred sentence, or deferred judgment which has been reversed
21or otherwise set aside.
22 NEW SUBSECTION. 4A. “Injury” means an impairment to an
23animal’s health or functions, including physical damage or harm
24to an animal’s muscle, tissue, organs, bones, hide, or skin,
25that causes the animal to suffer pain.
26 NEW SUBSECTION. 8A. “Serious injury” means an injury that
27creates a substantial risk of death or that causes protracted
28disfigurement, protracted impairment of health, or protracted
29loss or impairment of the function of a limb or organ.
30 Sec. 2. Section 717B.1, subsection 9, Code 2018, is amended
31to read as follows:
329. “Threatened animal” means an animal that is abused as
33provided suffers mistreatment due to animal abuse as described
34 in section 717B.2, neglected animal neglect as provided
35 described in section 717B.3, or tortured animal torture as
-1-1provided described in section 717B.3A, animal abandonment
2as described in section 717B.3B, or animal endangerment as
3described in section 717B.3C.
4 Sec. 3. Section 717B.2, Code 2018, is amended to read as
5follows:
6717B.2 Animal abuse — penalties.
71. A person is guilty of animal abuse if the person
8intentionally injures, maims, disfigures, or destroys an animal
9owned by another person, in any manner, including intentionally
10poisoning the animal commits animal abuse when the person
11knowingly or recklessly causes injury, serious injury, or death
12to an animal by force, violence, or poisoning. A person guilty
13of animal abuse is guilty of an aggravated misdemeanor.
142. This section shall not apply to conduct engaged in by any
15of the following:
161. A person acting with the consent of the person owning
17the animal, unless the action constitutes animal neglect as
18provided in section 717B.3.
192. a. A person acting to carry out an order issued by a
20court.
213. b. A licensed veterinarian practicing veterinary
22medicine as provided in chapter 169.
234. c. A person acting in order to carry out another
24provision of law which allows the conduct.
255. d. A person taking, hunting, trapping, or fishing for a
26wild animal as provided in chapter 481A.
276. e. A person acting to protect the person’s property from
28a wild animal as defined in section 481A.1.
297. f. A person acting to protect a person from injury or
30death caused by a wild animal as defined in section 481A.1.
318. g. A person reasonably acting reasonably to protect the
32person’s property from damage caused by an unconfined animal.
339. h. A person reasonably acting reasonably to protect a
34person from injury or death caused by an unconfined animal.
3510. i. A local authority reasonably acting reasonably to
-2-1destroy an animal, if at the time of the destruction, the owner
2of the animal is absent or unable to care for the animal, and
3the animal is permanently distressed by disease or injury to a
4degree that would result in severe and prolonged suffering.
511. j. A research facility, as defined in section 162.2,
6provided that the research facility performs functions within
7the scope of accepted practices and disciplines associated with
8the research facility.
93. A person who commits animal abuse that does not cause
10serious injury or death to an animal is guilty of a serious
11misdemeanor.
124. A person who commits animal abuse that causes serious
13injury or death to an animal is guilty of an aggravated
14misdemeanor.
155. Notwithstanding subsection 4, a person who commits
16animal abuse that causes serious injury or death to an animal
17is guilty of a class “D” felony if the person has previously
18been convicted of committing animal abuse pursuant to this
19section, animal neglect pursuant to section 717B.3, animal
20torture pursuant to section 717B.3A, animal abandonment
21pursuant to section 717B.3B, animal endangerment pursuant
22to section 717B.3C, injury to or interference with a police
23service dog pursuant to section 717B.9, bestiality pursuant to
24section 717C.1, or an act involving a contest event prohibited
25in section 717D.2.
26 Sec. 4. Section 717B.3, Code 2018, is amended to read as
27follows:
28717B.3 Animal neglect — penalties.
291. A person who impounds or commits animal neglect when
30the person owns or has custody of an animal, confines, in any
31place, an that animal, is guilty of animal neglect if the
32person does any of the following:
33a. Fails and fails to supply the animal during confinement
34with a sufficient quantity of food or water. reasonably provide
35the animal with any of the following:
-3- 1a. Access to food in an amount and quality sufficient to
2satisfy the animal’s basic nutrition level.
3b. Fails to provide a confined dog or cat with adequate
4shelter. Access to a supply of potable water in an amount
5sufficient to satisfy the animal’s basic hydration level.
6Access to snow or ice does not satisfy this requirement.
7c. Tortures, deprives of necessary sustenance, mutilates,
8beats, or kills an animal by any means which causes unjustified
9pain, distress, or suffering. Sanitary conditions free from
10excessive animal waste or the overcrowding of animals.
11d. Ventilated shelter sufficient to provide adequate
12protection from the elements and weather conditions suitable
13for the age, species, and physical condition of the animal
14so as to maintain the animal in a state of good health. The
15shelter must protect the animal from wind, rain, snow, or sun
16and have adequate bedding to provide protection against cold
17and dampness. A shelter may include a residence, garage, barn,
18shed, or doghouse.
19e. Grooming, to the extent reasonably necessary to prevent
20adverse health effects or suffering.
21f. Veterinary care deemed necessary by a reasonably
22prudent person to relieve an animal’s distress from any of the
23following:
24(1) A condition caused by failing to provide for the
25animal’s welfare as described in paragraphs “a” through “f”.
26(2) An injury or illness suffered by the animal causing the
27animal to suffer prolonged pain and suffering.
282. This section does not apply to a research facility, as
29defined in section 162.2, provided that the research facility
30performs functions within the scope of accepted practices and
31disciplines associated with the research facility.
323. A person who negligently or intentionally commits the
33offense of animal neglect that does not cause injury or death
34to an animal is guilty of a simple misdemeanor. A person who
35intentionally commits the offense of animal neglect which
-4-1results in serious injury to or the death of an animal is
2guilty of a serious misdemeanor.
34. A person who commits animal neglect that causes injury
4other than serious injury or death to an animal is guilty of a
5serious misdemeanor.
65. A person who commits animal neglect which causes serious
7injury or death to an animal is guilty of an aggravated
8misdemeanor.
96. Notwithstanding subsection 5, a person who commits
10animal neglect which causes serious injury or death to an
11animal is guilty of a class “D” felony if the person has been
12previously convicted of animal abuse pursuant to section
13717B.2, animal neglect pursuant to this section, animal torture
14pursuant to section 717B.3A, animal abandonment pursuant to
15section 717B.3B, animal endangerment pursuant to section
16717B.3C, injury to or interference with a police service dog
17pursuant to section 717B.9, bestiality pursuant to section
18717C.1, or an act involving a contest event prohibited in
19section 717D.2.
20 Sec. 5. Section 717B.3A, Code 2018, is amended to read as
21follows:
22717B.3A Animal torture — penalties.
231. A person is guilty of animal torture, regardless of
24whether the person is the owner of the animal, if when the
25person inflicts upon the animal severe and prolonged or
26repeated physical pain with a depraved or sadistic intent to
27cause that results in the animal’s prolonged suffering and
28serious injury or death.
292. This section shall not apply to conduct engaged in by any
30of the following:
31a. A person acting to carry out an order issued by a court.
32b. A licensed veterinarian practicing veterinary medicine as
33provided in chapter 169.
34c. A person carrying out a practice that is consistent with
35animal husbandry practices.
-5- 1d. A person acting in order to carry out another provision
2of law which allows the conduct.
3e. A person taking, hunting, trapping, or fishing for a wild
4animal as provided in chapter 481A.
5f. A person acting to protect the person’s property from a
6wild animal as defined in section 481A.1.
7g. A person acting to protect a person from injury or death
8caused by a wild animal as defined in section 481A.1.
9h. A person reasonably acting reasonably to protect the
10person’s property from damage caused by an unconfined animal.
11i. A person reasonably acting reasonably to protect a person
12from injury or death caused by an unconfined animal.
13j. A local authority reasonably acting reasonably to destroy
14an animal, if at the time of the destruction, the owner of the
15animal is absent or unable to care for the animal, and the
16animal is permanently distressed by disease or injury to a
17degree that would result in severe and prolonged suffering.
18k. A research facility, as defined in section 162.2,
19provided that the research facility performs functions within
20the scope of accepted practices and disciplines associated with
21the research facility.
223. a. The following shall apply to a person who commits
23animal torture:
24(1) For the first conviction, the person is guilty of an
25aggravated misdemeanor. The sentencing order shall provide
26that the person submit to psychological evaluation and
27treatment according to terms required by the court. The costs
28of the evaluation and treatment shall be paid by the person.
29In addition, the sentencing order shall provide that the person
30complete a community work requirement, which may include a work
31requirement performed at an animal shelter or pound, as defined
32in section 162.2, according to terms required by the court.
33(2) For a second or subsequent conviction, the person is
34guilty of a class “D” felony. The sentencing order shall
35provide that the person submit to psychological evaluation and
-6-1treatment according to terms required by the court. The costs
2of the psychological evaluation and treatment shall be paid by
3the person.
4b. The juvenile court shall have exclusive original
5jurisdiction in a proceeding concerning a child who is alleged
6to have committed animal torture, in the manner provided in
7section 232.8. The juvenile court shall not waive jurisdiction
8in a proceeding concerning an offense alleged to have been
9committed by a child under the age of seventeen.
104. A person who commits animal torture is guilty of a class
11“D” felony.
125. Notwithstanding subsection 4, a person who commits
13animal torture is guilty of a class “C” felony if the person
14has previously been convicted of committing animal abuse
15pursuant to section 717B.2, animal neglect pursuant to section
16717B.3, animal torture pursuant to this section, animal
17abandonment pursuant to section 717B.3B, animal endangerment
18pursuant to section 717B.3C, injury to or interference with
19a police service dog pursuant to section 717B.9, bestiality
20pursuant to section 717C.1, or an act involving a contest event
21prohibited in section 717D.2.
22 Sec. 6. NEW SECTION. 717B.3B Animal abandonment —
23penalties.
241. A person commits animal abandonment by knowingly or
25recklessly relinquishing custody of an animal at a location in
26which the person does not hold a legal or equitable interest if
27the person does not do any of the following:
28a. Legally transfer the animal to another person.
29b. Make reasonable arrangements for the transfer of custody
30of the animal to a person who agrees to assume custody of the
31animal.
32c. Make other reasonable arrangements for the care of the
33animal in a manner that would not constitute animal neglect
34under section 717B.3.
352. A person who commits animal abandonment that does not
-7-1cause injury or death to an animal is guilty of a simple
2misdemeanor.
33. A person who commits animal abandonment that causes
4injury other than serious injury or death to an animal is
5guilty of a serious misdemeanor.
64. A person who commits animal abandonment that causes
7serious injury or death to an animal is guilty of an aggravated
8misdemeanor.
95. Notwithstanding subsection 4, a person who commits
10animal abandonment that causes serious injury or death to
11an animal is guilty of a class “D” felony if the person has
12previously been convicted of committing animal abandonment
13pursuant to this section, animal abuse pursuant to section
14717B.2, animal neglect pursuant to section 717B.3, animal
15torture pursuant to section 717B.3A, animal endangerment
16pursuant to section 717B.3C, injury to or interference with
17a police service dog pursuant to section 717B.9, bestiality
18pursuant to section 717C.1, or an act involving a contest event
19prohibited in section 717D.2.
20 Sec. 7. NEW SECTION. 717B.3C Animal endangerment —
21penalties.
221. A person commits animal endangerment when the person
23confines an animal in a stationary motor vehicle in a manner
24that endangers the health or life of the animal by exposing the
25animal to a prolonged period of extreme interior temperature or
26a long period without adequate ventilation.
272. A person who commits animal endangerment that does
28not cause injury or death to an animal is guilty of a simple
29misdemeanor.
303. A person who commits animal endangerment that causes
31injury other than serious injury or death to an animal is
32guilty of a serious misdemeanor.
334. A person who commits animal endangerment that causes
34serious injury or death to an animal is guilty of an aggravated
35misdemeanor.
-8- 15. Notwithstanding subsection 4, a person who commits
2animal endangerment that causes serious injury to an animal
3is guilty of a class “D” felony if the person has previously
4been convicted of committing animal endangerment pursuant to
5this section, animal abuse pursuant to section 717B.2, animal
6neglect pursuant to section 717B.3, animal torture pursuant
7to section 717B.3A, animal abandonment pursuant to section
8717B.3B, injury to or interference with a police service dog
9pursuant to section 717B.9, bestiality pursuant to section
10717C.1, or an act involving a contest event prohibited in
11section 717D.2.
12 Sec. 8. NEW SECTION. 717B.3D Animal mistreatment — court
13order — evaluation and treatment.
141. At the time of a person’s conviction for a public
15offense committed under this chapter, a court may enter an
16order requiring the person to undergo a psychological or
17psychiatric evaluation and to undergo any treatment that the
18court determines to be appropriate after due consideration of
19the evaluation. However, the court shall enter such an order
20if the convicted person is any of the following:
21a. A juvenile.
22b. An adult committing animal abuse pursuant to section
23717B.2, animal neglect punishable as an aggravated misdemeanor
24or class “D” felony pursuant to section 717B.3, animal torture
25pursuant to section 717B.3A, animal abandonment pursuant to
26section 717B.3B, or animal endangerment pursuant to section
27717B.3C.
282. The costs of undergoing a psychological or psychiatric
29evaluation and undergoing any treatment ordered by the court
30shall be borne by the convicted person, unless the person is
31a juvenile.
323. An order made under this section is in addition to any
33other order or sentence of the court.
344. Any violation of the court order shall be punished as
35contempt of court pursuant to chapter 665.
-9-1 Sec. 9. NEW SECTION. 717B.3E Animal mistreatment —
2sentencing order — prohibitions.
31. At the time of a person’s sentencing for a public offense
4committed under this chapter, a court may prohibit the person
5from owning or obtaining custody of an animal or residing in
6the same dwelling where an animal is kept. The period of the
7prohibition shall be not less than three years.
82. Notwithstanding subsection 1, the court shall enter such
9an order if the convicted person has committed animal abuse
10punishable as an aggravated misdemeanor or class “D” felony
11pursuant to section 717B.2, animal neglect punishable as an
12aggravated misdemeanor or class “D” felony pursuant to section
13717B.3, animal torture pursuant to section 717B.3A, animal
14abandonment punishable as an aggravated misdemeanor or class
15“D” felony pursuant to section 717B.3B, or animal endangerment
16punishable as an aggravated misdemeanor or class “D” felony
17pursuant to section 717B.3C. The period of such prohibition
18shall be not less than ten years.
193. The duration of a prohibition described in this
20section commences on the date that the person is placed on
21probation, released on parole or work release, or released from
22incarceration or from placement in a juvenile facility.
234. An order made pursuant to this section is in addition to
24any other order or sentence of the court.
255. Any violation of the court order described in this
26section is a public offense and shall be punished as a simple
27misdemeanor.
28 Sec. 10. NEW SECTION. 717B.5A Rescue — motor vehicles.
291. A law enforcement officer or animal control officer may
30rescue an animal from a stationary motor vehicle, including
31through the use of forced entrance, if the law enforcement
32officer or animal control officer reasonably believes that the
33animal may be suffering distress due to exposure to extreme
34interior temperature or a lack of adequate ventilation. The
35law enforcement officer’s or animal control officer’s action
-10-1is justified regardless of whether the law enforcement officer
2or animal control officer observed indications of distress
3or whether the person could be charged with or convicted of
4committing a public offense.
52. The law enforcement officer or animal control officer
6shall provide written notice of the rescue to the animal’s
7responsible party. This requirement is satisfied by placing
8the notice in a conspicuous place located within the motor
9vehicle. The notice must state where the rescued animal may
10be claimed.
113. The local authority shall provide for the maintenance
12of the rescued animal as if it were a threatened animal under
13section 717B.5. However, a dispositional proceeding under
14section 717B.4 is not required if within ten days after the
15date of the animal’s rescue the responsible party claims the
16animal from the local authority. In order to claim the animal,
17the responsible party must reimburse the local authority for
18all reasonable costs that accrued from rescuing and maintaining
19the animal.
20 Sec. 11. IMPLEMENTATION OF ACT. Section 25B.2, subsection
213, shall not apply to this Act.
22 Sec. 12. REPEAL. Section 717B.8, Code 2018, is repealed.
23EXPLANATION
24The inclusion of this explanation does not constitute agreement with
25the explanation’s substance by the members of the general assembly.
26GENERAL. This bill amends Code chapter 717B prohibiting
27the mistreatment of certain animals, including dogs and cats,
28but excluding other animals such as livestock (Code chapter
29717); game, fur-bearing animals, fish, reptiles, or amphibians
30(Code chapter 481A), unless such animal is owned, confined,
31or controlled by a person; or a nongame animal declared to be
32a nuisance by the natural resource commission (Code section
33481A.42).
34The bill amends three different criminal offenses in Code
35chapter 717B, including animal abuse (Code section 717B.2),
-11-1animal neglect (Code section 717B.3), and animal torture (Code
2section 717B.3A). The bill creates two new criminal offenses
3including animal abandonment (new Code section 717B.3B) and
4animal endangerment (new Code section 717B.3C). Under the
5bill, each of the offenses includes an enhanced penalty that
6applies to a convicted person who has previously committed any
7of the named offenses; committed injury or interference with a
8police service dog (Code section 717B.9); committed bestiality
9(Code section 717C.1); or committed an offense involving an
10animal contest (Code section 717D.4).
11TYPES OF CRIMINAL OFFENSES — ABUSE. Animal abuse involves
12intentionally injuring an animal by violence or poisoning. The
13bill replaces the intent element with that of acting knowingly
14or recklessly. It also removes a provision that exempted
15a person who acted with the consent of the animal’s owner.
16The bill reduces the penalty from an aggravated to a serious
17misdemeanor for committing animal abuse that does not cause
18an animal serious injury or death and retains the penalty of
19aggravated misdemeanor for committing animal abuse that causes
20an animal serious injury or death. The bill provides that the
21aggravated misdemeanor may be enhanced to a class “D” felony
22if the person was previously convicted of one of the named
23offenses.
24TYPES OF CRIMINAL OFFENSES — NEGLECT. Animal neglect
25involves failing to provide an animal with adequate food,
26water, or shelter, or torturing the animal. The bill rewrites
27these requirements by requiring that an animal be furnished
28with adequate supplies of nutritional food, access to potable
29water, adequate sanitary conditions, ventilated shelter
30sufficient to provide the animal with protection from extreme
31weather conditions, and necessary veterinary care. The bill
32eliminates the torture prohibition. The bill retains the
33criminal penalty which is a simple misdemeanor. However, the
34penalty is increased to a serious misdemeanor if the animal
35suffers an injury and to an aggravated misdemeanor if the
-12-1animal suffers a serious injury or death. In a case where
2the animal suffers a serious injury or death, the aggravated
3misdemeanor may be enhanced to a class “D” felony if the person
4was previously convicted of one of the named offenses.
5TYPES OF CRIMINAL OFFENSES — TORTURE. Animal torture
6involves inflicting upon an animal severe physical pain with
7depraved or sadistic intent to cause prolonged suffering or
8death. The bill eliminates the element of intent and requires
9that the act involve prolonged or repeated physical pain that
10results in prolonged suffering and serious injury or death.
11The bill replaces the current penalties for animal torture. A
12person is no longer guilty of an aggravated misdemeanor for
13the first offense and a class “D” felony for a subsequent
14offense. Instead, a person is guilty of a class “D” felony,
15which is enhanced to a class “C” felony if the person was
16previously convicted of one of the named offenses. The bill
17also eliminates a requirement that a person convicted of animal
18torture must submit to psychological evaluation and treatment.
19TYPES OF CRIMINAL OFFENSES — ABANDONMENT. Animal
20abandonment involves knowingly or recklessly relinquishing
21custody of an animal at a location in which the person does
22not hold a legal or equitable interest. There are exceptions
23in cases of transferring ownership or custody or making
24arrangements for the care of the animal. The criminal penalty
25is a simple misdemeanor. However, the penalty is increased to
26a serious misdemeanor if the animal suffers an injury and to an
27aggravated misdemeanor if the animal suffers a serious injury
28or death. In a case where the animal suffers a serious injury
29or death, the aggravated misdemeanor may be enhanced to a class
30“D” felony if the person was previously convicted of one of the
31named offenses.
32TYPES OF CRIMINAL OFFENSES — ENDANGERMENT. Animal
33endangerment involves confining an animal in a stationary motor
34vehicle in a manner that exposes the animal to a prolonged
35period of extreme interior temperature or a long period
-13-1without adequate ventilation. The criminal penalty is a
2simple misdemeanor. However, the penalty is increased to a
3serious misdemeanor if the animal suffers an injury and to an
4aggravated misdemeanor if the animal suffers a serious injury
5or death. In a case where the animal suffers a serious injury
6or death, the aggravated misdemeanor may be enhanced to a class
7“D” felony if the person was previously convicted of one of the
8named offenses.
9APPLICABLE CRIMINAL PENALTIES. The criminal penalties are
10as follows: (1) simple misdemeanor, confinement for no more
11than 30 days or a fine of at least $65 but not more than $625 or
12by both; (2) serious misdemeanor, confinement for no more than
13one year and a fine of at least $315 but not more than $1,875;
14(3) aggravated misdemeanor, confinement for no more than two
15years and a fine of at least $625 but not more than $6,250; (4)
16class “D” felony, confinement for no more than five years and a
17fine of at least $750 but not more than $7,500; and (5) class
18“C” felony, confinement for no more than 10 years and a fine of
19at least $1,000 but not more than $10,000.
20COURT ORDERS. At the time of conviction for committing
21any of the offenses, a person may be subject to a court order
22requiring a psychological or psychiatric evaluation and
23treatment. The person may also be subject to a court order
24prohibiting the person from owning, possessing, or living with
25an animal. In each case, the court’s decision to issue an
26order is discretionary except under certain conditions. A
27court order requiring an evaluation and treatment is mandatory
28for juveniles. That order and the order prohibiting contact
29with animals is also mandatory if the offense is punishable as
30an aggravated misdemeanor or felony. For a discretionary court
31order, the period of prohibition is for not less than three
32years. For a mandatory court order, the period of prohibition
33is not less than 10 years.
34ANIMAL RESCUE — LOCAL LAW ENFORCEMENT OFFICERS — AND
35LOCAL ANIMAL CONTROL OFFICER. The bill provides that a law
-14-1enforcement officer (e.g., county sheriff or deputy sheriff)
2or an animal control officer is authorized to rescue an animal
3from a motor vehicle based upon a reasonable belief that the
4animal may be suffering distress. The officer or animal
5control officer must provide a written notice of the rescue.
6After the rescue, the animal must be maintained as a rescued
7animal by the local authority until it is claimed or disposed
8of pursuant to court order.
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